can a landlord break a tenancy agreement before it started

H.Arabnejad

Hi All

I had a singed tenancy aggregant with a landlord provided by an agency, 2 days before move-in , the agency called us and told the landlord could not move-out !!!
in our contract, it is clearly mentioned that :


A tenancy agreement is not, technically, a legally binding contract until it has been “executed” by being Dated, after both parties (or their authorised representatives) have signed; although it might be possible for either party to take legal action against the other if they withdraw prior to this date.

so, since that we are not move-in into the apartment and he cancelled before the move-in date

can he do that ?? what rights do I have ?? can I claim a damage ??

Regards,

SmashedAvacado

are you saying that your landlord didnt sign?

if the landlord hasnt signed, then you have no legally binding agreement from the landlord. This is the starting point to looking at what recourse you may have.

H.Arabnejad

he signed the contract, (we have a signed contract)

ArbitraryRandom

H.Arabnejad wrote: »

Hi All

I had a singed tenancy aggregant with a landlord provided by an agency, 2 days before move-in , the agency called us and told the landlord could not move-out !!!
in our contract, it is clearly mentioned that :


A tenancy agreement is not, technically, a legally binding contract until it has been “executed” by being Dated, after both parties (or their authorised representatives) have signed; although it might be possible for either party to take legal action against the other if they withdraw prior to this date.

so, since that we are not move-in into the apartment and he cancelled before the move-in date

can he do that ?? what rights do I have ?? can I claim a damage ??

Regards,

That's really weird wording so I'm assuming this contract is something that's been drawn up by the agency rather than a 'professional'.

Either-way 'signed and dated' doesn't normally refer to the moving date.

It means when you both sign the contract, you put the date you sign next to your name:

Singed Sue Smith (28/02/2019)
Signed Jo Blogs (01/03/2019)

When you both signed (and dated) the contract you were both agreeing to abide by the terms of the contract.

Best outcome for both parties is likely for the landlord to pay you any costs you've incurred to date (moving costs, anything you've paid the agency, and return your deposit in full) plus a sum of money for 'specific non-performance' which covers any costs for you to find a new rental, plus any storage fees due to the aborted move, plus the extra month at your current flat (assuming you now have to pay for March).

As a ball park I'd say that'd be somewhere around 3 x the deposit, but you'd need to work it out for your circumstances to demonstrate it was 'reasonable' and you need to do what you can to mitigate any excessive costs (so no booking into the Hilton while you look for somewhere else )

ETA - AH!

I've googled that phrase because it was so unusual and assume it's this contract?

plymouthstudentaccommodation.com/documents/uploaded/tenancy_agreement_2.pdf

If so, it's got three places for dates:

- the date the contract was signed
- the 'binding date' at 1.1
- the date the tenancy starts (move in date, called COMMENCEMENT at 1.9)

What you need to look at is the binding date at 1.1

I would find it very odd if that was the same as the commencement date because it would basically mean you could decide not to move in the day before and there would be nothing they could do about it...

G_M

There are 2 separate legal issues there.

1) the tenancy.
This has a start date, usually specified in a written tenancy agreement, though it can be verbal, or even just implied eg by the fact that the landlord takes some rent and hands over some keys.

The tenancy as a legal entity does not exist until it has started, so

can a landlord break a tenancy agreement before it started

no.Since it has not started, it does not exist and cannot be broken.

However, once it has started, it can only be ended by
* the tenant giving the required notice
* a court ending it
* the tenant and landlord mutually agreeing to end it.
The landlord alone can never end it.

2) the contract
This is a legal agreement which can be legally enforced. To exist
* both sides must commit to agree to it. Clearly if a mutually signed and dated written contract exists, then there is clear proof of this 'agreement'. But a contract, like a tenancy, can be verbal. It's just harder to prove if one side denies agreeing!
* 'Consideration' on either side. This means commiting/promising to give something to the other ie rent or a house.

In your case it seems

* there is no tenancy
* there is almost certainly a contract, since a mutually signed document exists. Is it dated and if so where and with what date (please quote exactly).

I suspect that even if it was signed but not dated by the landlord, a court would imply from that that the landlord was commiting to the contract (why else would he sign?). However judges can not always be predicted!

If there was also any email exchange or other communication between the tenant and the landlord or his agent, referring to a move-in date, I believe that would add considerable weight to the arguement that the LL had agreed a legally binding contract, with a legally binding tenancy start date.

If we assume such a contract does exist (beware: as I said: "judges can not always be predicted!"), and the LL then breaches that contract by not providing the property, then the tenant could sue for any consequential losses, which could include
* costs associated with applying for a new proprty to rent
* a hotel if he were otherwise homeless
* meals out if e were unable to cook in a hotel
* etc

But be aware before checking into the Hilton: legal action is not guaranteed to succeed even asuming that my thinking is legally sound (which it may not be!)

H.Arabnejad

Thanks @ArbitraryRandom and @G_M


about putting date on the contract, the start and end date is clearly mentioned in it



and about date after the signature, since that it was done by DocuSign, so you have to sign enantiomerically, however, in the summary report that we received

the exact data, exact time, associated email address for singing, and even the IP address are mentioned, for all sides (landlord, us, and the agency)



also, the agency send us an email with title :

"Before you move into xxx there's a few important things you'll need to arrange"
which asked us to set user and password in the Tili Home Move Team


so, in this case, it can be considered as legal tenancy Agreement ?




so, in this

Comms69

H.Arabnejad wrote: »

Thanks @ArbitraryRandom and @G_M


about putting date on the contract, the start and end date is clearly mentioned in it



and about date after the signature, since that it was done by DocuSign, so you have to sign enantiomerically, however, in the summary report that we received

the exact data, exact time, associated email address for singing, and even the IP address are mentioned, for all sides (landlord, us, and the agency)



also, the agency send us an email with title :

"Before you move into xxx there's a few important things you'll need to arrange"
which asked us to set user and password in the Tili Home Move Team


so, in this case, it can be considered as legal tenancy Agreement ?




so, in this

NO. A tenancy cannot exist unless you take possession.


What you have is a contract, so you can claim any direct losses (mitigated by you); but nothing else

need_an_answer

What financial loss have you incurred as a result?

Comms69

need_an_answer wrote: »

What financial loss have you incurred as a result?

I'd hazard a guess at agency fees; perhaps they've served notice on their current property

need_an_answer

Comms69 wrote: »

I'd hazard a guess at agency fees; perhaps they've served notice on their current property

that's possibly my guess too...but we are not the OP!
The OP hasn't mentioned any pre paid fees but is asking if they can "claim A damage" which may suggest that the figure they are looking at is not to cover any fees already paid.

OP....have you contacted the LL or agent in writing and specifically requested any of your financial loss to be reimbursed...if not I would suggest that this is the course of action that you should take.

I don't believe you should be out of pocket for what has happened it just may be difficult to claim a figure for "inconvenience" which although you may have suffered it you don't have an actual financial loss.

System

H.Arabnejad wrote: »

he signed the contract, (we have a signed contract)

if you have an agreement signed by both parties then it is a legally binding contract what it isn't is a tenancy.